Special Reasons
Special Reasons is an argument that no penalty points should be imposed because of particular circumstances where an individual faces sentence for a motoring offence.
The running of special reasons is quite rare, but it can be a useful tool to seek to avoid a disqualification being imposed.
There are seven points that are considered to be relevant when deploying an argument of special reasons (as were set out in Chatters v Burke [1986] 3 ALL E.R. 168):
1. How far the vehicle was driven (no distance);
2. In what manner it was driven (no evidence of poor control);
3. The state of the vehicle (no issue of poor repair);
4. Whether the driver intended to go further (in this instance it would be no further)
5. The road and traffic conditions prevailing at the time (no suggestion of poor conditions);
6. The likelihood of risk to any other road users or pedestrians (no evidence of risk);
7. What the reason was for driving the car (instead why was the phone being plugged in)
An argument of special reasons normally arises in drink driving cases or those matters involving no insurance.
It will normally be a requirement that an argument of special reasons is supported by evidence, as such it is advisable to ensure legal representation is put in place.
